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March 2, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES March 2, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 2, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tern Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Mulroy and Council Member Watts. ABSENT: Council Member Heggins Requests for clarification of agenda items listed on the agenda for March 2, 2010. Council Member Mulroy discussed Item 4A. He indicated that he would like the process to be as flexible as possible to avoid having to send a proposal to the Board of Adjustment. However, he was concerned that due to the short time frame, the flexibility might not be achieved. Brian Lockley, Development Review Administrator, stated that staff had looked at how to apply the regulations both for commercial developments such as restaurants and residential development. Staff was looking at the issue in terms of non-residential uses. Council Member Mulroy felt that the non-residential should remain in place is it currently was written. Mark Cunningham, Director of Planning and Development, stated that the language in the Code could be amended rather than repealed to indicate that residential would still be required to meet the parking requirements but commercial would be exempt for additional parking spaces in the interim. Council discussed the aspects of the proposed changes in terms of multi-family use, commercial uses with residential uses above the commercial, the interim aspect of the proposed amendment and how long the interim changes would be in effect. Cunningham stated that staff would amend the ordinance and during the public hearing would offer new wording to reflect the Council's comments. Council Member Mulroy requested that Consent Agenda Item 3A not be considered. 2. Receive a report and hold a discussion regarding Annexation Plans to initiate the Involuntary Annexation of approximately 1,594 acres, located in the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of three (3) distinct areas, as presented in Exhibits 1, 2 and 3. The 3 areas are identified and generally located as follows: (A10-0002 - 2010 Annexation Plan) DH-7: Approximately 143 acres, generally located on the east and north side of Teasley Lane, south of Teasley Harbor Subdivision and west of Southlake Drive; b. DH-9: Approximately 298 acres, generally located north of Pockrus Page Road, north, south and northeast of Edwards Road; and City of Denton City Council Minutes March 2, 2010 Page 2 c. DH-12: Approximately 1,153 acres, generally located south of E. University Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road, east and west of S. Trinity Road. Mark Cunningham, Director of Planning and Development, presented an overview of the background of the proposed annexations, the annexation plan, the annexation plan process and recommendation. Staff was currently reviewing 15 areas that were not required to be placed in an annexation plan as there were not more than 100 lots in the annexation area. He reviewed the locations of each of the three areas and the annexation plan process and the dates involved with the plan. Residents in the proposed areas were able to negotiate for services. Staff's recommendation was to adopt separate annexations plans for the three areas which would be presented at a future council meeting for action. Council Member Engelbrecht asked if staff would be presenting a schedule of dates for the annexation time frame. Lockley replied correct and that it would be similar to the prior annexation schedule. Council Member Engelbrecht questioned where that information would be available for the public, especially for people in those areas. Lockley stated that the inventory of services and facilities would be placed on the website and that there would be a link to the annexation plan which would remain on the website until after the annexation was completed. 3. Receive a report, hold a discussion and give staff direction regarding possible revisions to utility customer credit and collection policies. Ethan Cox, Customer Service Manager, presented background information on the item. During the May 2008 Management Review, the city's bad debts were characterized as high especially for a utility of this size. Approximately 30.7 days elapsed before billed amounts were converted to cash. Uncollectible debt to billed revenue was 0.42%. Council Member Mulroy stated the due date needed to be reviewed as it was very aggressive especially for residential customers. He also noted that a normal commercial billing cycle was 30 days and questioned why it was different in Denton. He suggested doing something which would fit the mainstream and then look at penalties for overdue accounts. Cox continued with the challenges with the current process including inconsistent credit screening, collection timeline and inadequate deposit coverage lead to bad debt, customer treatment was the same despite credit and payment history, a lack of clear guidelines led to inconsistent decision making, and the ordinance and business practices were not aligned. Revenue Collection Strategy- In July 2009 Customer Service partnered with Navigant to create a collection strategy which treated customers based on credit risk, encouraged prompt payment, and reduced uncollectible bad debt. He reviewed the current customer and credit issuance City of Denton City Council Minutes March 2, 2010 Page 3 process and the proposed process. A cosigner or letter of good standing for residential customers with fair or insufficient credit would be accepted. For commercial customers, an irrevocable letter of credit would be accepted in lieu of a deposit. Council Member Watts asked about the amount of the deposit required for the commercial accounts. Cox replied that 1/6th of the annual billing amount had been proposed. He continued with the current collection timeline noting that delaying non-pay disconnects contributed to a longer wait for revenue. A deposit of 1/6th annual billing did not adequately cover delinquent amounts as of disconnect date. Council Member Watts asked about the notices regarding past due bills. Cox stated that the first notice was an automated phone call, the second was a written notice followed by a second automated phone call. The deposit for the current billing cycle was hard to do and needed to be addressed. Mayor Burroughs asked about people who had a hard time paying a deposit and whether there was a program to help them with the deposit. Cox replied that there was the "Plus One" program and other outside agencies which helped customers with their utility bills. He reviewed the proposed process for active customer credit rating and the proposed collection timeline. Council discussed shortening the time frame for late notices and what was an adequate amount of penalty for being past due. Cox presented the deposit refunds current process and proposed process. He also presented information on requesting additional deposits for the current process and the proposed process. In summary, Cox indicated that staff would like to change the ordinance and processes to implement regular credit checks and ratings, deposit decisions would be based on customer credit/risk, adjust collection timeline based on customer risk, request additional deposit based on credit rating, and refund excess deposits based on the credit rating. Mayor Burroughs suggested that prior to implementation, each of the topics raised with questions would be considered and then allocate which ones would be put in the ordinance and which ones would be put in the policy. He indicated that Item L will be pulled and not considered so that staff could adjust the ordinance and policies per this discussion. The Council convened in Closed Session at 6:10 p.m. to discuss the following: 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. City of Denton City Council Minutes March 2, 2010 Page 4 1. Receive a briefing and report from the City's attorneys regarding the litigation entitled City of Denton, Texas v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co.; Cause No. 2008-19218-16, pending in the 16th Judicial District Court, Denton County, Texas. Discuss and deliberate, and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Consultation with Attorney - Under Texas Government Code Section 551.071 1. Receive a presentation from DME staff, discuss, deliberate and consider possible changes to the ECA Rate Rider to the electric rate ordinance, which issues are public power utilities competitive and financial matters. Receive legal advice from the City's attorneys regarding possible changes to the ECA Rate Rider. Provide the City's attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. (Mike Grim) C. Consultation with Attorneys -Under Texas Government Code, Section 551.071. 1. Consultation, discussion, deliberation, and receipt of information from the city's attorneys involving legal matters relating to possible annexations of property into the City of Denton where public discussion of these legal matters would clearly conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded that Item B.1. was appropriate for a Closed Session under the public power exception. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards City of Denton City Council Minutes March 2, 2010 Page 5 1. Professional Social Work Month proclamation Mayor Burroughs presented the proclamation for Professional Social Work Month. 2. Proclamation for Jim Witt Mayor Burroughs presented the proclamation for Jim Witt. 3. CONSENT AGENDA Mayor Burroughs indicated that Item 3A and 3L would not be considered. Bob Clifton, 1800 Morse, Denton, 76205 spoke in opposition to Items 3J, 3M and 3N. Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item A and L. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. This item was not considered. A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds; and providing an effective date. Ordinance No. 2010-060 B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Kanda Boonumpaichayakui from the Downtown Incentive Grant Program not to exceed $5,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0). Ordinance No. 2010-061 C. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of Water Treatment Chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4456-Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $800,000). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes March 2, 2010 Page 6 Ordinance No. 2010-062 D. Consider adoption of an ordinance rejecting any and all competitive bids for a public works contract for the construction of a 36 inch, 42 inch and 48 inch sewer line for the City of Denton (Bid Number 4457); and providing an effective date. Approved the Minutes noted below. E. Consider approval of the minutes of: February 9, 2010 Approved the request below. F. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during the NX35 Music Conferette. The concert will be held at the North Texas Fairground located at 2217 N. Carroll on Saturday, March 13, 2010. The sound check will be from 11:00 a.m. until 2:00 p.m. The sound check can be accomplished with 50% of the volume level. A playlist of recorded music will begin at 3:00 p.m. and live performances will begin at 6:00 p.m. and conclude at 9:45 p.m. This request is for an increase in sound from 70 decibels to 102 decibels. Staff recommends an increase to 75 decibels. Approved the request below. G. Consider a request for an exception to the Noise Ordinance for the purpose of the 3rd Annual Bean Stock Music Festival, sponsored by Cool Bean's Bar and Grill. The event will be held at Cool Beans, located at 1210 W. Hickory Street, on Saturday, April 10, 2010, beginning at 2:00 p.m. and concluding at 12:00 a.m. The exception is requested for extension of the hours of operation for amplified sound and for an increase in sound from 70 to 77 decibels. Staff recommends an increase to 75 decibels. Approved the request below. H. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during the Glory of Zion International Ministries conference and celebration. The five day conference will be held from Wednesday, March 24th through Sunday, March 28th on the church property located at the corner of Windsor Drive and I-35N. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 decibels and for amplified sound on Sunday from 8:00 a.m. - 1:00 p.m. Staff recommends an increase to 75 decibels. Ordinance No. 2010-063 1. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a third and final one-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date. City of Denton City Council Minutes March 2, 2010 Page 7 Ordinance No. 2010-064 J. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a two-year extension to the investment advisory services contract with First Southwest Asset Management Inc.; and providing an effective date. Resolution No. R2010-007 K. Consider approval of a resolution revising Administrative Policy No. 403.07 "Debt Service Management" and providing for an effective date. This item was not considered. L. Consider adoption of an ordinance of the City of Denton, Texas amending the City's Utility Credit and Collection policies that are contained in the Denton Code of Ordinances, Chapter 26, "Utilities," Sections 26-3, 26-4, 26-5, 26-6, 26-8, and 26-9; providing an open meetings clause; providing a cumulative clause; providing a repealer; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-065 M. Consider adoption of an ordinance of the City of Denton, Texas approving a Compromise Settlement Agreement between Range Resources and the City of Denton; authorizing the City Manager and the City's attorneys to act on the City's behalf in executing any and all documents, and to take other actions necessary to finalize the settlement; and declaring an effective date. Ordinance No. 2010-066 N. Consider adoption of an ordinance of the City of Denton, Texas amending the Denton Municipal Electric ordinance contained in Ordinance No. 2009-218, solely as to rate rider ECA (Energy Cost Adjustment); providing for a repealer; providing for a severability clause; providing for an effective date. Ordinance No. 2010-067 0. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Tejas Storytelling Association for supplemental funding for entertainment at the Texas Storytelling Festival; providing for the expenditure of funds therefore; and providing for an effective date. ($550) Ordinance No. 2010-068 P. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-2 of approximately 258 acres located on the south side of University Drive, west and east sides of Thomas J. Egan Road, north of Jim Christal road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. City of Denton City Council Minutes March 2, 2010 Page 8 Ordinance No. 2010-069 Q. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-3 of approximately 421 acres located on the south side of Spring Side Road, north, south and west of Corbin Road, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-070 R. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-4 of approximately 347 acres located on the east side of Bonnie Brae Street, west of Fort Worth Drive, east and west of Vintage Boulevard, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-071 S. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as DH-11 of approximately 388 acres located southeast of the intersection of Mayhill Road and McKinney Street, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-072 T. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA1 of approximately 1,171 acres located on the south side of Jim Christal Road, the north side of Tom Cole Road, west of Masch Branch Road, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-073 U. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA2 south of approximately 1,472 acres located on the south side of FM 1173, north of W. University Drive, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. City of Denton City Council Minutes March 2, 2010 Page 9 Ordinance No. 2010-074 V. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA3 of approximately 1,075 acres located on the south side of Ganzer Road, north and south of Barthold Road, north of FM 1173, west of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. Ordinance No. 2010-075 W. Consider adoption of an ordinance providing for acceptance of eligible non- annexation agreements for agricultural, wildlife management or timberland use properties within an area of land adjacent to and abutting the existing city limits of the City of Denton, Texas, generally identified as PAA4 of approximately 1,555 acres located on the south side of Milam Road, north of Loop 288, east of I-35, and more specifically identified in Exhibit "A" attached hereto; providing for severability; and providing an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Denton Development Code by deleting Subsection 35.14.3.B., to remove the current exemption of required parking standards for development in the Central Business District; providing for severability, and providing an effective date (DCA10-0001). The Planning and Zoning Commission recommends denial of the request (5-1). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. Brian Lockley, DRC Administrator, stated that the request was to amend Subchapter 35.15.3.13 of Denton Development Code which would remove the current exemption of required parking standards for development in the Central Business District. Staff had developed some revised code language that would exempt all land use classifications except for residential uses. Council Member Mulroy stated that the revised language would allow the parking requirements to remain the same except for residential developments. Lockley replied correct. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bob Moses, 1702 Pine Hills, Corinth, 76210 - opposed Alex Payne, 923 Ridgecrest Circle, Denton, 76205 - in favor Brandon Martino, 101 N. Austin, Denton, 76201 - opposed Lee Ramsey, 101 N. Austin, Denton, 76201 - opposed Bob Clifton, 1800 Morse, Denton, 76201 - opposed City of Denton City Council Minutes March 2, 2010 Page 10 Greg Johnson, 3813 Granada Trail, Denton - opposed The Mayor closed the public hearing Mayor Pro Tern Kamp asked Lockley to address unintended consequences. Lockley stated that this was an interim step and would be in concert with the Downtown Implementation Plan when it was completed. Council Member Mulroy suggested revising the ordinance for residential developments that were above 10 units for the interim time of the ordinance. Council discussed where the parking restrictions should apply in the area, the number of units suggested for residential development, code requirements for uniformity, definition of urban core, and length of time that the provisions would be in effect. Council Member Watts motioned, Council Member Mulroy seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-077 B. Continuation of a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation, with an overlay district; on approximately 15.3 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z08-0016). The Planning and Zoning Commission recommends approval of the request (4-2). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. Mayor Burroughs noted that a supermaj ority vote was required by Council and that there was not a full council. He wanted to know if developer would like to continue the hearing to another council meeting. Rick Baria, developer, indicated that he would like to proceed with the item. Mark Cunningham, Director of Planning and Development, stated that this was a request for rezoning from NR-3 to NRMU-12 zoning class designation. He showed the location of the subject site and the surrounding zoning and reviewed the history of the request from the Planning and Zoning Commission and Council. The Planning and Zoning Commission had recommended approved with conditions. However, since that meeting, the developer had several neighborhood meetings and was suggesting the following conditions: (1) uses would be limited to residential only; (2) a 40 foot vegetative buffer abutting the residential to the west, east and north; (3) a 25 foot vegetative buffer abutting the residential to the south; (4) a restrictive building zone (Zone City of Denton City Council Minutes March 2, 2010 Page 11 1) with a maximum building height of 36 feet and units placed side-by-side; (5) a restrictive building zone (Zone 2) with a maximum building height of 40 feet and units stacked vertically; (6) both restrictive building zonings would have specific setbacks and minimum separation between all buildings; (7) minimum parking width would be 9 feet if developed as a gated community with private streets; (8) maximum density would be 7.5 units per acre and (9) minimum permeable area would be 50% excepting any ponds. Council discussed the proposed entrances into the development, surrounding zoning designations, buffers and setbacks based on different residential categories, and types of buffers. The Mayor opened the public hearing. Rick Baria, developer, spoke in favor. The Mayor closed the public hearing. Council Member Watts asked if the gated community was a condition. Cunningham stated that there currently was no condition for it to be gated. Council Member Watts expressed concern that the final product may not be the same as what was presented at this meeting because only the zoning was being considered. Council Member Mulroy stated that the site plan was not binding but that the configuration of the site would be limited by all of the overlay conditions. Council Member Mulroy motioned, Mayor Pro Tern Kamp seconded to adopt the ordinance subject to the restrictions proposed by staff. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Downtown Denton Transit Center to be located at 604 E. Hickory Street, Denton, Texas.; providing for the expenditure of funds therefor; and providing an effective date (Bid 4444-awarded to the lowest responsible bidder meeting specification, Corbet Group, Inc. in the amount of $1,736,000). Mark Nelson, Director of Transportation, presented updated information on the award for the construction of the Downtown Denton Transit Center. Mayor Pro Tern Kamp stated that there were some questions regarding not awarding the bid to the lowest bidder. City of Denton City Council Minutes March 2, 2010 Page 12 Nelson replied that because this was a federal grant project, there were certain federal regulations that had to be included in the bid. The first three low bids did not meet specifications because they had not included those requirements. Council Member Watts asked if there were other components for this project. Nelson stated that the project was currently under budget but that there were other components to be added such as furniture, relocation of utilities, professional services and sidewalk improvements. Council Member Gregory asked about the land for the facility. Nelson stated that the City owned the property and at the end of the project it would be transferred to DCTA. Bob Clifton, 1800 Morse, Denton, 76201, submitted a speaker card in opposition. Mayor Pro Tern Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Consider appointments to the following Boards and Commissions: 1. Construction Advisory and Appeals Board 2. Human Services Advisory Committee There were no nominations/appointments made at this meeting. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Bob Clifton regarding Fry Street. Mr. Clifton stated that Fry Street area was extremely dirty with trash everywhere. The area where the buildings were removed was full of water and Code Enforcement needed to take care of the violations. He suggested the Council go look at the area and visualize a park for the area. The suggested use for the area by the developer was not appropriate. b. James Davenport regarding speed limit enforcement. City of Denton City Council Minutes March 2, 2010 Page 13 Mr. Davenport spoke on two incidents regarding city employees. One was for speeding but his concern was about the demeanor of the city employee which was horrible. The second incident was with Customer Service where he tried to help someone with his utility bill and again the attitude of the employees there was very bad. D. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Burroughs made an announcement regarding the Census count. Mayor Pro Tem Kamp asked staff to do a follow-up report on Mr. Davenport's issue with Customer Service. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business the meeting was adjourned at 9:09 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS